13. Distribution of property and possessions

A. If there is a will

The dead person's property and possessions will be distributed
in accordance with his or her wishes, by executors, after
confirmation has been obtained, subject to payment of the "legal
rights" due to his or her spouse, civil partner and children. You
can read more about legal rights in
Part
V.

The executor should not distribute any of the estate to those
entitled to it until a period of six months has passed since the
date of the death. This is to allow persons or companies with a
claim on the estate to make their claim known.

After that period, the executor may distribute the estate
without having regard to any possible claims that he or she has not
been told about. If any creditor or beneficiary presses for payment
during the six month period a solicitor should be consulted.

Challenging the will

A will can be challenged on a number of grounds, for
example:

if the person was legally incapable of making the will (for
instance, he or she did not understand the effects of making the
will)

if the person was improperly influenced by another person
when making the will.

If you wish to challenge a will, you should consult a
solicitor.

Legal rights

Whatever the will says, the surviving husband, wife, civil
partner or children can, if they wish, claim "legal rights" from
the estate.
Part
V explains this in more detail. If you wish to claim legal
rights, you should tell the executor.

B. If there is no will

If someone dies and does not leave a will, the law says how an
estate should be divided.
Part
V explains the way that an executor must distribute such an
estate.